A.Â
Scope. Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings shown in this
chapter.
B.Â
Interchangeability. Words stated in the present tense include the
future; words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural, and the plural
the singular.
C.Â
Terms defined in other codes. Where terms are not defined in this
chapter and are defined in the International Building Code, NFPA 1
Fire Code, International Plumbing Code, International Mechanical Code
or NFPA 70, such terms shall have the meanings ascribed to them as
stated in those codes.
D.Â
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
E.Â
Parts. Whenever the word "premises," "building" or "story" is stated
in this chapter, it shall be construed as though it were followed
by the words "or any part thereof."
[Amended 8-18-2015 by Ord. No. 15-29]
As used in this chapter, the following terms shall have the
meanings indicated:
A vacant structure when it is without obvious supervision
by an owner, tenant, lessee, mortgagee or person in charge and the
structure or any portion thereof is in such a condition as to constitute
a danger, nuisance or in any way a hazard to the public. Abandonment
may also be constituted by, but not limited to, any one or more of
the following conditions which may exist:
Failure to answer notices;
Failure to pay taxes;
Failure to make appearances at court hearings;
Failure to properly board up broken windows or open doors, secure
basements, reinforce and secure walls which may have caved-in or buckled
on subject properties;
Failure to properly secure walls which are subject to buckling
or caving onto adjacent or adjoining properties.
Failure to remove accumulated debris declared as a health or
fire hazard.
Secured in a manner that provides positive connection.
Means approved by the code official.
The failure to observe a legal duty; one which contemplates
the guarding against some danger which is neither common or obvious;
the liability of an owner or mortgagee of ordinary prudence and foresight
to recognize the unreasonable risk of harm to children or adults who
may be enticed or lured to the premises and under normal reasoning
power cannot conceive danger to themselves; where owner has created
a dangerous condition attractive to children and adults and has not
taken such precautions as a reasonably prudent person would take to
prevent injury to such persons. (Also see "nuisance.")
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures, including a bathtub
or shower.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
Conditions existing on property which is unsecured, left
open to the elements and without apparent and latent supervision by
the owner or mortgagee; such conditions include but are not limited
to: the exterior of premises is in disrepair; premises is regularly
occupied by vagrants or uninvited persons; contains unduly or uncommon
amounts of litter about the premises; fallen exterior building apertures
about the property; broken windows; accumulation of debris on the
premises, the value of the subject real property would be greater
if the building was removed, or assessed land value is greater than
assessed improvement value; the building has fire damage which has
remained unrepaired for a period of more than one year.
A boarded building secured against entry by apparatus which
is visible off the premises, and the apparatus is neither lawful or
customary to install on occupied structures.
See definition in § 253-1.
The City of Watertown, Jefferson and Dodge Counties, Wisconsin.
The official in the City's Building, Safety and Zoning Division
who is charged with the administration and enforcement of this chapter
or any duly authorized representative; also known as "City Building
Inspector."
The Public Safety and Welfare Committee of the Common Council
of the City of Watertown.
To adjudge unfit for occupancy.
Whenever any building or structure exists or is allowed by
the owner to be in constant violation of specific requirements or
prohibitions applicable to such building or structure, as provided
in building regulations under municipal ordinances or state codes.
Any structure, whether occupied or unoccupied, which is found
to have any or all of the conditions or defects hereinafter described
to the extent that life, health, property or safety of the public
or its occupants are endangered:
Live/dead load stress: whenever the stress in any materials,
member or portion thereof, due to all dead and live loads, exceeds
more than 90% of the materials' yield stress or is more than 1Â 1/2
times the working stresses allowed in the Building Code for buildings
of similar structure, purpose or location.
Fire, earthquake, flood and other causes: whenever 50% or more
of a structure has been damaged by fire, earthquake, wind, flood or
by any other cause, to such an extent that the structural strength
or stability thereof is materially less than it was before such catastrophe
and is less than the minimum requirements of the Building Code for
buildings of similar structure, purpose or location.
Falling timbers and unsecured ornamentations: whenever cornices,
parapets, walls, signs, gutters, downspouts, windows, supports or
walls with peeling paint, rotting wood, holes and other forms of material
decay are likely to fail or become detached or dislodged, or to collapse,
and thereby injure persons or damage property.
Wind pressure: whenever any portion of a building, or any member,
appurtenance or ornamentation of the exterior thereof, is not of sufficient
strength or stability as determined by a qualified and licensed engineer,
architect or inspector or is not anchored, attached or fastened in
place so as to be capable of resisting a window pressure of 2/3 of
that specified in the Building Code for buildings of similar structures,
purpose or location without exceeding the work stresses permitted
in the Building Code for such buildings.
Buckling conditions: whenever any portion thereof was wrecked,
warped, buckled or settled to such an extent that wall or other structural
portions have materially less resistance to winds or earthquakes than
is required in the case of similar construction specified in the Building
Code. Or whenever the exterior walls or other vertical structural
members list, lean, split or buckle due to defective materials or
deterioration to such extent that a plumb line passing through the
center of gravity does not fall inside the middle 1/3 of the base.
Interior/exterior maintenance: when, upon inspection by the
code official, there is found a visible lack of interior or exterior
maintenance of 50% or more deterioration of any of the following components
of a building or structure set forth in this chapter or their appropriate
code.
Damaged supports, exclusive of foundation: whenever the building
or structure, exclusive of foundation, shows 33% or more damage or
deterioration of its supporting member or members existing or 50%
damage or deterioration of its nonsupporting members existing, either
in the interior or exterior of the structure.
Fire resistance: whenever any building or structure which, whether
or not erected in accordance with all applicable laws and ordinances,
does not meet the fire-resisting qualities or characteristics required
by the Building Code in the case of a constructed building of like
nature, height and occupancy.
Utilities: whenever any building or structure is found to have
deteriorated, damaged or inadequate and faulty electrical wiring,
gas connections or heating apparatus.
Weather elements: ineffective waterproofing of exterior walls,
roofs and foundations, broken windows or doors and deterioration of
exterior plasters or mortar, so as to allow rain, snow or other effects
of the weather to enter the building.
Debris: whenever any portion of the debris of a building or
structure remains on a site for more than 30 days after the demolition
or destruction of the building or structure.
Any building, structure or portion thereof containing any
of the conditions set forth under "neglected," "abandoned structure"
or "dangerous structure," which may be either occupied or unoccupied,
or meets any of the following criteria:
When a structural element is physically disconnected from
another and that connection is necessary to provide a positive connection.
To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a said lot or lots.
Those structural members or assemblies of members or manufactured
elements, including braces, frames, lugs, snuggers, hangers or saddles,
that transmit gravity load, lateral load and operating load between
the equipment and the structure.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space,
equipped and intended to be used for living, sleeping, cooking and
eating, which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
A vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
Equipment, materials or products to which have been affixed
a label, seal, symbol or other identifying mark of a nationally recognized
testing laboratory, inspection agency or other organization concerned
with product evaluation that maintains periodic inspection of the
production of the above-labeled items and whose labeling indicates
either that the equipment, material or product meets identified standards
or has been tested and found suitable for a specified purpose.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, morning unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
A structure possessed of any or all conditions as may be
set out and defined in "dangerous structure," "abandoned structure"
and "nuisance" and subject to being declared a neglected/derelict,
abandoned or dangerous building.
A structure or building in such a state of deterioration
or abandonment that is a blighting influence on neighboring properties.
The fact that buildings on neighboring properties are abandoned or
deteriorated is not a defense. Existence of three or more of the following
conditions is sufficient to establish a prima facie case that the
structure or building is a nuisance:
The building has been vacant for more than five years.
The building has not had insurance coverage during at least
12 months of the preceding 24 months.
Cost of renovation of building would exceed value of the building
if renovated.
Owner has not paid property taxes within the past three years.
Code officials have found the building to be unsecured and have
ordered same to be secured at two or more occasions within the past
two years, or it is presently unsecured.
Building's heat, plumbing or electrical is inoperable or in
a state of substantial disrepair.
Building has unsafe, hazardous or unsanitary conditions and
has been previously cited in violation of state or local building,
fire or health codes.
Whenever there is a lack of maintenance of a building's environment,
e.g., fences, gates, sidewalks, steps, signs, outbuildings, deteriorating
and falling landscaping or premises overgrown with weeds and vegetation;
and/or there is an accumulation of refuse, garbage or other conditions
which renders a building or property a health or fire hazard.
All or any portion of the building or structure is located within
the floodplain.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building or having
possession of a space within a building.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, mortgagee, firm or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the state, county or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person; and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food or water; by other
approved pest elimination methods.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
The fee required for registration of an abandoned, dangerous
or derelict building.
The reconstruction or renewal of any part of an existing
building or structure for the purpose of its maintenance.
Any additional inspection which is not part of the code official's
regular or mandated inspection program.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act which was
prohibited or failed to do an act which the defendant was legally
required to do.
That which is built or constructed; an edifice, monument,
memorial or building of any kind or any piece or work artificially
built up or composed of parts joined together in some definite manner,
and which is further defined as:
PRINCIPAL STRUCTUREA structure in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
ACCESSORY STRUCTUREA structure which:
Any structure as used in this chapter when referring to unsafe,
dangerous, derelict, neglected or abandoned or upon which the code
official has commenced abatement proceedings.
In violation of any of the requirements as set out in this
chapter, the Building Code, Electric Code or Plumbing Code.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The deformation at which failure occurs and which shall be
deemed to occur if the sustainable load reduces to 80% or less of
the maximum strength.
Any premises or structure not presently used for a lawful
purpose or occupancy permitted by the owner.
Any structure or building which is structurally or environmentally
unsafe or not provided with adequate egress or which constitutes a
fire hazard or is otherwise dangerous to human life, as previously
defined under "dangerous," "abandoned," "derelict" or "neglected"
structure.
Unsafe appendages include, but are not limited to, parapet
walls, cornices, spires, towers, tanks, statuaries or other appendages
or structural members which are supported by, attached to or part
of a building and which are in deteriorated condition or otherwise
unable to sustain the design loads which are specified in the Building
Code.
Any use of a structure or building constituting a hazard
to health, safety or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster, damage or abandonment.
The lack of a secure means of ingress and egress, thus allowing
for occupancy or use of building or structure by unauthorized persons.
(1) Without legal occupancy and not maintained in a manner
allowing normal human habitation with access to utility services such
as light, water, heat; (2) currently unoccupied; or (3) occupied by
vagrants, squatters, trespassers or other persons having no legal
right to occupy premises.
The estimated cost to replace the structure or building in
kind, based on either the building valuation data reported to the
code official to give an accurate assessment of building replacement
costs.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Securing a structure against vandalism, deterioration and
unauthorized entry pending its return to active use or occupancy.
All windows, doors and other openings shall be closed and securely
locked, barricaded or otherwise secured.
Install plywood or an acceptable material approved by the code
official, to adequately secure and cover the exterior of each opening
in the plywood or other acceptable material, as necessary, at each
floor level for proper ventilation.
An acceptable alternative method: install the plywood or other
acceptable material on the interior of each opening and remove, repair
or replace all loose and damaged window panes, sashes, frames, trim
and or jambs: scrape, sand, seal, caulk and paint the exterior of
each opening.
Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs; provided, however, this term
shall not include cultivated flowers and gardens.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
